Exam-Oriented Guide: Criminal Courts and Criminal Process
1. Pre-Trial Process for Criminal Offences
Summary Offences:
● Heard in the Magistrates’ Court.
● Defendant’s name and plea are confirmed.
● Over 90% of defendants plead guilty; sentencing follows.
Triable-Either-Way Offences:
● Plea Before Venue: Defendant pleads guilty or not guilty.
○ Guilty Plea: Magistrates may sentence or send to Crown
Court for sentencing.
○ Not Guilty Plea: Mode of trial hearing determines the venue
(Magistrates’ or Crown Court).
● Defendant’s Election: If magistrates accept jurisdiction, the
defendant can choose the trial venue.
Indictable Offences:
● Heard in the Crown Court.
● Preliminary Hearing: Held in Magistrates’ Court to confirm
identity and decide bail or custody.
● Plea and Trial Preparation Hearing (PTPH): Sets the trial
timetable and identifies issues.
2. Magistrates’ Court vs. Crown Court for Triable-Either-Way Offences
Magistrates’ Court Advantages:
● Quicker process.
● Lower costs and less formal.
● Limited sentencing powers (maximum 12 months for two
offences).
Magistrates’ Court Disadvantages:
● Higher likelihood of conviction.
● Limited ability to challenge evidence.
● Fewer opportunities to appeal.
Crown Court Advantages:
● Higher chance of acquittal (jury trial).
● Professional legal representation ensures thorough defense.
● Greater transparency in complex cases.
Crown Court Disadvantages:
● Delays in trial commencement.
● Higher costs and more formal environment.
● Harsher sentencing powers.
3. Evaluation Points on Bail
Advantages of Bail:
● Respects the presumption of innocence.
● Prevents overcrowding in prisons.
● Allows defendants to maintain employment and family
responsibilities.
Disadvantages of Bail:
● Risk of absconding or committing further offences.
● Possibility of witness interference.
● Public safety concerns if bail is granted.
Conditions for Bail:
● Surety Requirement: Financial guarantee from a third party.
● Exceptional Circumstances: For serious offences (e.g., murder,
rape).
● Class A Drug Offences: Restrictions apply under Section 19
Criminal Justice Act 2003.
● Risk of Reoffending: Bail may be refused under Section 14
Criminal Justice Act 2003.
4. Appeals Process
From Magistrates’ Court:
● To Crown Court: Defense can appeal against conviction/sentence.
● To Divisional Court: For legal errors under the "case-stated"
appeal process.
From Crown Court:
● To Court of Appeal: Requires leave to appeal under Criminal
Appeal Act 1995.
● Court can quash, vary, or dismiss convictions, or order retrials.
Prosecution Appeals:
● Against acquittals for jury tampering or new evidence.
● Against unduly lenient sentences under Section 36 Criminal
Justice Act 1988.
5. Key Legislation to Revise
● Bail Act 1976: Governs bail conditions.
● Criminal Justice Act 2003: Restrictions on bail and sentencing.
● Criminal Appeal Act 1995: Simplifies appeals process.
● Magistrates’ Court Act 1980: Jurisdiction and trial procedures.
6. Key Case Examples
● Ponting’s Case (1985): Demonstrates jury equity.
● Stephen Lawrence Case (2011): Double jeopardy and new
evidence.
● C v DPP (1994): Legal presumption of criminal responsibility for
minors.
Exam-Oriented Guide: Bail and Criminal Process
1. Bail Overview
● Bail allows a suspect to remain free until the next stage
Definition:
of the case, respecting their right to liberty.
● Police Bail: Granted before or after charging, with conditions
like reporting to the police station or surrendering a passport.
● Court Bail: Governed by Section 4 of the Bail Act 1976, which
provides a general right to bail unless certain risks are
identified.
2. Factors Considered for Bail (Court and Police)
1. Nature and Seriousness of the Offence: Serious crimes (e.g., murder)
often lead to refusal of bail.
2. Character and Background of the Accused: Includes criminal
record, community ties, and past bail compliance.
3. Risk of Absconding: If the accused is unlikely to return for trial,
bail may be denied.
4. Risk to Public Safety: If there’s a likelihood of reoffending or
causing harm.
5. Interference with Justice: Concerns about tampering with
witnesses or evidence.
3. Conditions for Bail
● Conditional Bail: Conditions imposed to ensure compliance,
including:
○ Living at a specific address.
○ Surrendering travel documents.
○ Regular reporting to the police.
○ Sureties (guarantees by third parties).
4. Restrictions on Bail
1. Repeat Serious Offenders:
○ Under Criminal Justice Act 2003, bail is denied unless
exceptional circumstances exist.
○ Applies to serious crimes like murder or rape if the
accused has a prior custodial sentence for similar
offences.
2. Drug Offenders:
○ Restrictions under Section 19 of the Criminal Justice Act
2003 for Class A drug users who refuse assessments or
treatment.
3. Offences Committed While on Bail:
○ Bail is restricted unless the court is satisfied that there’s
no significant risk of reoffending.
5. Police Powers and Release Under Investigation (RUI)
● Police Powers to Grant Bail:
○ Conditions can be imposed to ensure attendance and
compliance.
○ Bail can be refused if identity or address is unverified.
● Release Under Investigation (RUI):
○ A less formal process allowing police to investigate further
without immediate charging, avoiding prolonged bail
conditions.
6. Evaluation Points on Bail
Advantages of Bail:
● Preserves the presumption of innocence.
● Reduces prison overcrowding.
● Allows defendants to maintain employment and family life.
Disadvantages of Bail:
● Risk of absconding or committing further offences.
● Potential interference with witnesses or evidence.
● Public safety concerns, especially in serious cases.
7. Key Legislation
● Bail Act 1976: Governs general rights and restrictions on bail.
● Criminal Justice Act 2003: Provides specific restrictions for
serious and repeat offences.
● Criminal and Public Order Act 1994: Empowers police to impose
conditions on bail.
8. Example Cases
1. Serious Offences and Exceptional Circumstances: Defendants charged
with murder or rape must show exceptional circumstances for
bail.
2. Class A Drug Offenders: Demonstrates how drug dependency
affects bail decisions.
